Employment Equity Act (S.C. 1995, c. 44)

11. Every employer shall ensure that its employment equity plan would, if implemented, constitute reasonable progress toward implementing employment equity as required by this Act.

12. Every employer shall

• (a) make all reasonable efforts to implement its employment equity plan; and

• (b) monitor implementation of its plan on a regular basis to assess whether reasonable progress toward implementing employment equity is being made.

13. Every employer shall, at least once during the period in respect of which the short term numerical goals referred to in paragraph 10(1)(d) are established, review its employment equity plan and revise it by

• (a) updating the numerical goals, taking into account the factors referred to in subsection 10(2); and

• (b) making any other changes that are necessary as a result of an assessment made pursuant to paragraph 12(b) or as a result of changing circumstances.

14. Every employer shall provide information to its employees explaining the purpose of employment equity and shall keep its employees informed about measures the employer has undertaken or is planning to undertake to implement employment equity and the progress the employer has made in implementing employment equity.

• 15. (1) Every employer shall consult with its employees’ representatives by inviting the representatives to provide their views concerning

  • (a) the assistance that the representatives could provide to the employer to facilitate the implementation of employment equity in its workplace and the communication to its employees of matters relating to employment equity; and

  • (b) the preparation, implementation and revision of the employer’s employment equity plan.

• (2) Where employees are represented by a bargaining agent, the bargaining agent shall participate in a consultation under subsection (1).

• (3) Every employer and its employees’ representatives shall collaborate in the preparation, implementation and revision of the employer’s employment equity plan.

• (4) Consultation under subsection (1) and collaboration under subsection (3) are not forms of co-management.

• 16. (1) A person who becomes an employer after the day on which this section comes into force shall, within eighteen months after becoming an employer, comply with sections 9 and 10.

• (2) The Commission may not conduct a compliance audit of the discharge of the obligations of a person referred to in subsection (1) within two years after the day on which that person becomes an employer.